New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71K

71K Start of parental leave payment

1 A parental leave payment in respect of a child is payable for a period that begins—

a) in the case of a child born to the person or to the person’s spouse or partner, on the earlier of—

i) the date the person commences parental leave; and

ii) the date of confinement; and

b) in any other case, on the date on which the person becomes the primary carer in respect of the child.

2 However,—

a) if a person becomes entitled to a preterm baby payment under section 71DA(1) before their parental leave payment period has begun, the period in relation to which the parental leave payment is payable to the person in respect of the child begins on the earlier of—

i) the date on which the person commences parental leave:

ii) the original expected date of delivery had the child not been born prematurely:

b) if a person is a primary carer under section 7(1)(b)(iii) , the parental leave payment period begins on the date that the person designates, which must be, or be within a reasonable period after, the date on which the person becomes the primary carer in respect of the child:

c) if a person is the primary carer under section 7(1)(c) , the parental leave payment period begins on the day after the date on which the person stops working as an eligible employee or an eligible self-employed person, which must be, or be within a reasonable period after, the date on which the person becomes the primary carer in respect of the child.

3 Despite subsections (1) and (2), an employee who takes a period of paid leave at the start of his or her parental leave period may elect to start his or her parental leave payment period on the day after the date on which that period of paid leave ends.

4

History: Section 71K: replaced, on 1 April 2016, by section 66 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).   Section 71K(2): replaced, on 1 July 2025, by section 53 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).     Section 71K(3): replaced, on 1 July 2025, by section 53 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).     Section 71K(4): repealed, on 1 July 2025, by section 53 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).